Supreme Court Rules Maintenance Tribunals Can Order Eviction and Transfer of Possession : Supreme Court
The Supreme Court, in Urmila Dixit v. Sunil Sharan Dixit & Ors., clarified that Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the authority to order eviction and transfer possession of property. Without such power, the Act's objective of providing speedy, simple, and inexpensive remedies for senior citizens would be defeated.
A bench of Justices C.T. Ravikumar and Sanjay Karol was hearing a mother’s appeal to annul a 2019 gift deed favoring her son, who failed to provide her maintenance as per the condition of the transfer under Section 23 of the Act. While the Tribunal and a single judge of the Madhya Pradesh High Court ruled in the mother's favor, a division bench reversed the decision, citing Section 23 as a standalone provision without the Tribunal's authority to transfer possession.
The Supreme Court disapproved this reasoning, holding that Tribunals can order eviction and possession transfer when necessary to protect senior citizens, referencing S. Vanitha v. Deputy Commissioner, Bengaluru Urban District & Ors. (2021). Justice Karol emphasized that denying this power would undermine the Act's purpose. Additionally, the Court cited Sudesh Chhikara v. Ramti Devi (2022), reiterating the conditions to invoke Section 23: (a) the transfer must include a maintenance condition, and (b) the transferee fails to provide maintenance.
Finding both conditions met, the Court advocated a liberal interpretation of the Act to uphold its objectives. It concluded that Section 23 aligns with the Act's purpose, ensuring elderly citizens' rights are promptly secured. The appeal was allowed.